Legislative news digest: LEGAL HOTLINE 27.11.2017

BUSINESSES WILL BE PROTECTED AGAINST THE PRESSURE OF LAW ENFORCEMENT AGENCIES

On December 1, 2017, the President of Ukraine signed the Draft Law No. 7275 “On Amendments to Certain Legislative Acts to Ensure Respect for the Rights of Parties to Criminal Proceedings and Other Persons by Law Enforcement Agencies”, which will come into force on the day following the day of its publication.

The Law provides for making the complete recording of procedural actions, in particular, of conducing searches, using the sound and video recording technical equipment. Herewith, the video and sound recording made by an investigator or a public prosecutor in the course of the search, is an integral attachment to the protocol. Also, the defence is entitled to make the video recording of the search.

It is also prohibited to temporarily withdraw electronic information systems and mobile terminals of communication systems, except for cases expressly determined by the law. If necessary, an investigator or a public prosecutor shall copy the information contained in the information (automated) systems, telecommunication systems, information and telecommunication systems, with the involvement of a specialist.

THE NEXT PHASE OF THE JUDICIAL REFORM IS UNDER WAY

The next phase of the judicial reform is related to the beginning of work of the new Supreme Court and entry into force of the new procedure codes.

On November 30, 2017, the Plenary Assembly of the new Supreme Court defined the date of the beginning of the Court’s work – December 15, 2017. With the beginning of work of the new Supreme Court, the high specialised courts and the Supreme Court of Ukraine will be liquidated, and all cases currently pending in the high courts will be referred to the new Supreme Court.

Also, as of December 15, 2017, the new procedural legislation will come into force, and consequently, judicial disputes will be considered in a new way. In particular, the system of electronic justice, liability for abusing procedural rights, as well as a dispute resolution procedure with the participation of a judge are being introduced, and the timeframe for submitting evidence in the case is being limited.

THE PROCEDURE FOR REGISTRATION OF TAXPAYERS AND DUTIES WAS AMENDED

On December 9, 2017, the Order of the Ministry of Finance of Ukraine No. 839 of October 6, 2017 “On Approving Amendments to the Procedure for Registration of Taxpayers and Duties”, which was published on November 28, 2017, will come into force.

In particular, this Order: clarifies the powers granted to bodies of the state fiscal service; regulates the procedure for actions and registration of taxpayers in case they fail to submit applications or documents for their registration in regulatory authorities within the terms and in cases stipulated by the Tax Code of Ukraine; clarifies the procedure for submitting and completing the notification about objects of taxation, objects related to taxation, or those through which the activities specified in the form No. 20-OPP are performed in the event of creating a separate unit of a legal entity located outside of Ukraine.

IT IS ALLOWED TO GRANT FUNDS FOR BUSINESS TRIPS IN FOREIGN CURRENCY

Within the framework of the liberalisation of current account transactions of individuals performed in foreign currency, the National Bank of Ukraine (NBU) allowed to transfer funds in foreign currency for business trips abroad to individuals’ accounts.

By its Resolution No. 120 of November 28, 2017, the NBU stipulated that the requirement regarding the receipt of funds in foreign currency on the territory of Ukraine to the current foreign currency account of an individual solely through transferring funds from another individual account or by depositing cash by the account holder shall not extend to deposit transactions aimed to cover an employee’s expenses for business trips abroad. The NBU’s Resolution is in effect as of November 30, 2017.